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ATCHISON, T. & S.F. RY. CO. V. WELLS, 265 U. S. 101 (1924)

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U.S. Supreme Court

Atchison, T. & S.F. Ry. Co. v. Wells, 265 U.S. 101 (1924)

Atchison, Topeka & Santa Fe Railway Company v. Wells

No. 232

Argued April 23, 1924

Decided May 12, 1924

265 U.S. 101


1. The rolling stock of a railroad, and traffic balances owing it, are not exempt from attachment or garnishment merely because the former are used, and the latter derived, in interstate commerce. P. 265 U. S. 103.

2. A state statute permitting a citizen and resident of another state to prosecute a cause of action which arose elsewhere against a railroad corporation of another state which is engaged in interstate commerce and neither owns nor operates a railroad, nor has consented to be sued, in the state where the action is brought is so far invalid. Davis v. Farmers Cooperative Co., 262 U. S. 312. Id.

3. Judgments obtained by garnishment and constructive service against a foreign railroad corporation and a local railroad corporation, as garnishee, on such a cause of action held void as an unreasonable interference with interstate commerce, and their enforcement subject to be enjoined in a suit by the foreign corporation in a federal court against the judgment creditor and his attorney. Id.

285 F.3d 9 reversed. chanroblesvirtualawlibrary

Page 265 U. S. 102

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court, which dismissed a bill to enjoin the enforcement of judgments.

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